The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1887-06-27


disturbance when they came up; tn,
party was conversing n Ordinary tones
that c'n be heard a Iong d stance If
the stiffness IF night. 1t was not cas-,
to Explain m tlvrs, but no attempt hac
: been made to show why tn Sc officer,
neg ected their ordered d ty Iutepr
! was the wnole gist to be sh wa in q
q 4 stlon of innocence or guilt Ale
gait n tn assault was comm tied on a
police fl er on duty was n tsuhicisnt
lrtent most be shown What yer ma,
nave occurred at Mr.. Muller's or
the " tel hid no bearing on what &C
cur d when these persoi we're lie v
ng Mr. Mhler's premises. There was
no reason for any argument that ther,
was any breach of pesce at any Other
time. As to what happened at the
beginning ofthe flair there was on y the
evidence Of tn two mounted D lice
themselves. Kamuka arrived later and
was to excited to find out what was
the cause of the disturbance The tw,
police were evidently gruged and lost
Their temper. Robinson was not in
the performance Of duty when he call
ed out II know you, Jack Dowsett,"
nor Dias when he shook his fist and
asked Dowsett to strike him first. The
alleged arrest Of the Attorney Genera
was sore topic with the officers and
one that they did not relish being
gruged upon. Robinson being insult.
ed, If you please, took It up, and Dias,
whose sparring abilities had been the
subject of evidence, wanted to take W
the cause ofhis friend. He might be very
decent fellow, but counsel thought h,
was ready for a row that night, for
little scrimmage with the boys. He
did not believe that anybody interiered
with the officers, or took hold of their
horses brides; those statements of the
officers we're false. They did not wish
to admit that they wanted the defend
ants to fight, so they say that they were
struck FIRST Counsel proceeded to
show contradiction in Dlas' evidence,
as to the relative positions Of the party
and himself when he arrived. He
then proceeded to the main point OF
his argument, namely, that the officers
were not making an arrest, hence could
not have been assaulted in the per
Torrance Of duty A policeman had
no right to make an arrest without any
ofiense being committed, and the indi
vidual had no right to submit to any
such an arrest. The Marshal made an
insulting reference to swine rolling OIL
the ground which was neither here nor
there. The clause under which this
prosecution was made implied that an
officer must be in the performance OF
some specific duty to make interference
therein an ofense. A legal arrest with
out warrant--and he thought YER,
few we're made-mlst be according L
section 6 of chapter 4o Of the Penal
Code, which was as foil wis.,
"At or before the time of making an
arrest, the person must declare that h,
is an office Of justice, if such be tn
case. II he has warrant he should show
It Il required; or II he make the arres
without warrant in any Of the cases Ia
VII CHI It IS authorlz d by Jaw, h,
should give the parry arrested clearl,
To understand for what cause lie under
takes to make the arrest, and must re-
quire him to submit and accompan,
him to the Jail or magistrate. This done,
the arrest IS complete"
The officers did MT request Dow.
sett to submit even in the heat Of the
struggle. Everyone Of the party VIII
was requested to 80 to the Station
complied without any resistance. Dias
testified that nc hid no intention OF
auesling Dowsett when he got off his
horse nor until he was hit in the face HIS
Honor must find what duty he was Ia
the performance of that DJwsett
prevented him from carrying out.
He was not in the performance
of any duty when he went up to Dow
sett and dared him to fight. An officer
acting that WY was not fit TO be pre-.
server Of the peace. Robinson was not
IN the performance of his duty when he
rushed into the crowd. 1t did not APP
pear TO be proved that any assault had
been committed up to that time. Mr..
Hatch continued to review the evidence
as to the undue aggresslveness of the
officers, and inconsistencies in the
evidence for the prosecution regarding
the turning loose Of the horses and de-
taching an officers badge. The essen
tia question was how the affair com
menced, and the only evidence to indi
cate defendants as the aggressors was
that Of the two mounted police. He
could not see how the testimony of all
those gentlemen could be disregarded,
and it was the practice in Great Britain
and United States require the testimony
OF interested police officers to be zorro
borated. He did not think that Robin
son, the graduate Of the Reformatory
School, was of the class of men who
should be on the p.lice force. Both
these men were directly interested
here, and the burden rested on them to